John T. Unger is an artist based in Michigan who uses scrap metal or his creations. He is perhaps best known for his Great Bowls of Fire: sculptures that double as firepits.

Yesterday, John was my guest on a call on which he gave us insight into a copyright lawsuit that has been brought against him and how it might affect other artists. You can listen to that 30-minute call here.

John T. Unger, Waves O' Fire. Recycled steel. Design ©2007-09 John T. Unger.

Neither John nor I are attorneys, so this recording shouldn’t be construed as legal advice. You should always consult an attorney for your individual situation.

MENTIONED ON THE RECORDING

1. John’s legal defense fund page outlines the case. You can read the document filed against him, which he could not discuss on the call.

2. Myows is a copyright management application set to launch November 9.

3. DefendArt.org is a holding spot for a future legal defense fund or foundation for all artists. It’s John’s way of paying it forward so that other artists will have the help he couldn’t find.

4. You can help John by buying his art or just giving an outright donation. Read more.

Please tweet this and pass it on to other artists. It’s too important to ignore and think it will never happen to you.

Here are two scenarios for you. Let’s tackle both (notice the plural in today’s post title).

Pam Spika Nicholson, Momentum. Acrylic and mixed media on canvas. ©The Artist

Scenario 1

I have paintings in a gallery but I also do summer outdoor art festivals.

Do I pay the gallery owner the 50/50 commission on the custom painting even though the client never set foot in the gallery?

Scenario 2

I have paintings in a gallery but I also do summer outdoor art festivals.

Do I pay the gallery owner the 50/50 commission on the custom painting even though it was never in their gallery and was decided upon at an outdoor festival?  Do I still owe them since the client saw my work at their gallery first?

An email blast is a message you send to a number of people simultaneously. Someone emailed me once that “email blast” sounded violent and undesirable. She was right. It’s probably not the best terminology to use, but we’re stuck with it. It’s appropriate because an email blast is a big burst that happens all at once, rather than a trickle of messages or mailing pieces.

Lee McVey, 3 Young Cottonwoods, Autumn. Pastel, 12 x 16 inches. ©The Artist

Email blasts are often promotional. They can be newsletters, announcements, invitations, or the like. Because they are promotional, you may fear offending people on the other end. If you do it right and follow the CAN SPAM laws, you can rest easy.

The first email blast can be problematic. You’re emailing people with whom you have a prior relationship, but who haven’t received such a message from you in the past. How do you tell them what you’re up to and keep them on your list?

You could say something like this:

Hi ——,
Welcome to my first email newsletter! I’ve been meaning to do this for awhile and have finally taken the plunge. I plan to send this newsletter every other month, so please let me know if you would like your name removed from the list.

But you won’t. Because that would be boring and wrong.

Why not try adding humor. Tasteful humor is always a welcome sight in any inbox.

Remember to use a good system to manage your email blasts and don’t be sad or offended when people opt out. There’s a list of email distribution platforms and an outline of the CAN SPAM law in the Resources section of I’d Rather Be in the Studio!

Someone buys a piece of art directly from you. You’re about to hand over the art, but then you wonder if you should be providing anything else at the same time. Consider including the following six items with each sales transaction.

Leiann Klein, Cowgirl Hardware. Linocut, 16 x 12 inches. ©The Artist

1. A receipt of sale
2. Your business card
3. A brochure about your art
4. Instructions on caring for the art
5. Copyright notice
6. Certificate of Authenticity–if needed

The fifth item on the list is important. Most buyers will not know or may not understand that you retain copyright or what that even means. Use gentle wording. “While you own the artwork, please be aware that I retain copyright to the image. This means . . . “ should do it. It’s a lot nicer than “WARNING! The artist retains copyright. You may not duplicate this work in any form without consulting the artist first!”

[ The copyright notice can be combined with the Certificate of Authenticity. ]

You shouldn’t give buyers–upon purchase–anything more than what I’ve listed above. Why? Because you want to save other items to send later. You’ll need to follow up regularly in order to keep your name in front of your collectors.

Start by sending a Thank You note in the mail within a week of the sale. You can’t be assured that an email will get through to the recipient, but you can be 100% positive that a handwritten note will be appreciated and will stand out. Then, every few months, send your collectors anything from the list below.

• Articles about you, about art, about collecting
• Articles about something you know is of interest to the recipient (I couldn’t help thinking of you when I saw this . . . )
• Changes in your contact information
• Invitations to events, gallery openings, teleclasses, etc.
• Newsletters (See I’d Rather Be in the Studio! pages 117-137 for details on creating and sending newsletters)
• Announcements of awards you’ve received
• Postcards from your art travels

FINAL WORD: Don’t show your entire hand! Give your buyers only what they need at the time of the sales transaction and save the rest for following up at a future date.

PODCAST

The weekly podcast is an audio version of this content. Listen to it here.

Artist John T. Unger – creator of copyrighted sculptural Artisanal Firebowls – is getting an unwanted education in copyright law. His court case could have far-reaching intellectual property implications for the original work created by other artists and creative entrepreneurs.

Join us on this special call to find out how it could affect you.

A Conversation with John T. Unger

©Preston S. Cole, TAPS Photography

Thursday, November 5
4pm ET, 3pm PT, 2pm MT, 1pm PT
30 minutes

FREE

As John explains it, he has had to spend over $50,000 so far to defend himself against an imitator who has sued to have John’s copyrights revoked. Read the details.

During this 30-minute call, John will quickly state the facts of the lawsuit against him and describe how the outcome could affect the rights of other artists in the future.

PLEASE NOTE: If you’d like to help John, but can’t be on the phone call, you can buy his art here or donate any amount here.

To listen to this conversation, all you have to do is sign up. Upon registering, you will be taken to a page with the dial-in information. You will also receive this information in your email inbox.

While this is a complimentary call, you will incur regular long-distance charges.

With Halloween approaching, I can’t help asking . . .

What scares you most about your art career?

What’s scary to do or to say?

What’s so scary that you haven’t done it yet?

What humongous fear have you conquered and how did you do it?

BOO!

Listen up!

Whether you post your images on a blog, a website, or on a social media site like Facebook, you need to give yourself credit for your artwork.

If your name is not prominent on the page with the artwork, you need to add your name below the image. That means that if the image is on a blog and I’ve scrolled down so that I can no longer see your name in the header, you need to add your name. Consider how quickly you scroll and scan through websites. Now think about someone doing this on your site. If they get to a certain point, is your name lost? Do they even know whose art they’re looking at?

Get in the habit of crediting all of your images with the necessary information.

I've always appreciated the way Brian Kliewer has credited his images on his blog. Click on the photo to see more.

In addition to your name, add the title, media, and dimensions with each work. These last two items are even more important than the title. They give clues to the texture and the impact the work will have within a certain space. In other words, they help your readers to better envision the artworks in their homes and offices.

Here’s a suggested format that is similar to what you would see on a museum wall (without the © symbol).

©2009 Alyson B. Stanfield
WINTER LANDSCAPE
Pastel on paper, 16 x 20 inches

This shows the © information in the correct order–> ©date, name. It would be incorrect to put your name directly after the © symbol and before the date.

You could also use this version, which is more like the one I use–with an italicized title.

Alyson B. Stanfield, Winter Landscape. Pastel on paper, 16 x 20 inches. ©2009.

Because I use a lot of images on this blog that are undated on artists’ sites, I rarely use dates in my credit lines for artists.

Get in the habit of adding this whenever and wherever you post an image. It’s professional and a courtesy to your fans. Developing a standard format will make it easier for you in the future.

Always H x W x D

Don’t forget that artwork is always listed as height by width by depth in inches or centimeters. Because your artwork is online, your audience is international. You should specify the measurement system you’re using.

Uber-Correct format

When I was writing my book, I struggled with the spacing and format of using HxWxD within text. If you really want to be especially correct, this is what I learned.

• If you run the dimensions without spaces between them, such as 16×20, you add the abbreviated symbol to each measurement: 16”x20” without spaces.
• If you like the spaces, you only need one abbreviated symbol at the end: 16 x 20”. It seems kind of backwards to me, but that’s what my source said. Of course, I can’t remember the source, but I spent a lot of time figuring it out! [Chicago Manual of Style, 15th ed., section 9.18] Example: The standard size of a business card is 2”x3.5”. (page 85 of I’d Rather Be in the Studio!)

For information on using labels in an exhibition, see How to Curate and Install Your Art Exhibit Like a Pro

What chores, tasks, or jobs do you find yourself delaying or ignoring altogether? What do you dread so much that you neglect? Sadly, it’s often the stuff you really need to do–the things you can’t afford to ignore. See if you’re overlooking any of these.

• Making follow-up calls
• Writing thank-you notes
• Updating your mailing list
• Overhauling your inventory
• Cleaning your studio or office
• Balancing your books
• Researching your next series
• Making art (It happens!)

If you’ve been procrastinating something, identify it. Don’t be afraid! Just name it.

After you’ve confessed, you can trick yourself into completing it and getting it off your mind. Of course, your tricks can be followed by treats. Here are some tricks that have worked for me.

Chrysti Hydeck, The Stirring of Birds. Photograph and mixed-media painting. ©The Artist

TRICK – - – > Adjust your perspective.
Starting a task you don’t enjoy with a bad attitude won’t help anything. Instead, look at it differently. If you don’t like packing artwork to ship to new owners, don’t think about it as packing artwork. Think of it with a $ in front of it. “Yea! I’m shipping out a $500 sale!” is a better approach than “I really don’t want to go to the store to get more bubble wrap.”

Treat: Download some happy tunes to match your new ‘tude.

TRICK – - – > Take baby steps.
“Clean out my office by Thanksgiving” sounds overwhelming. Instead, focus on the smallest action. Recycle or throw away 5 things each day, organize a single drawer, or buy new files.

Treat: Pick up a new organizing component at the thrift store–maybe a filing cabinet or shelf.

TRICK – - – > Block out time on your calendar.
Having a vague idea that you need to get something done is one thing. Creating time and space for it is quite different. When you see the time scheduled on your calendar, remember that it’s a commitment you made to yourself. Don’t change it just because you’d rather be doing something else.

Treat: “Me Time.” Your gift for honoring the commitment you made to your professional life is time for your personal well-being. Block out more time on your calendar for a hike, a manicure, or a long hot bath.

TRICK – - – > Set your timer.
If you promise to do something for 15 or 30 minutes, you can make a game of it. It’s amazing how hard you will work to beat the clock before time runs out. It also creates a certain amount of momentum, so allow yourself the flexibility to keep going after the timer buzzes.

Treat: Chocolate, of course. Or maybe a small new art supply.

TRICK – - – > Get out.
Sometimes it just takes fresh scenery to be inspired. Plop down at a coffee shop to write your thank-you notes. Visit the library to research your next series instead of staying at your computer. Go to any other room in the house to journal in preparation for your artist statement.

Treat: None. Getting out is a treat in itself!

FINAL WORD: Remember that for every trick you use to complete a project, a treat is waiting for you.

PODCAST

The weekly podcast is an audio version of this content. Listen to it here.

I skipped last week, so this week’s Tweekly is a double issue of the best and most helpful of my Twitter tweets. Note that you have just a few more days to clean out your files during National Clean Out Your Files Month!

Bruce Naumann is #1 artist on 2009 Top 100 artworld power list, but 9 non-artists ahead of him

New bio of Dorothea Lange! NYTimes

Aargh! Dealing with artist who found 1 of my subscribers that totally copied her blog header. Designs are coprighted, too. Don’t copy them!

Artists: Win $500 in the http://voteforart.com logo competition. Ends in 13 days.

October is National Clean Out Your Files Month! via @ProductivGirl

Heading to JRB Art at the Elms in OKC to see work by David Phelps & Elizabeth Hahn

Think you want to get away from it all? Don’t forget what you have to take along. From @inspiredjen

RT @AGoodHusband What artists need to know about pitching journalists & bloggers http://ow.ly/u97T

So grateful for everyone on LI and FB who write a personal message about how/why we should connect. Saves tons of time!

Artists: Don’t forget to put the full media and size underneath your artwork on your sites!

Ouch. Museum directors and staff taking large salary cuts. Long list in The Art Newspaper

RT @cornerstoneva: Make it easy for your fans to watch your favorite videos right on your website or blog: http://vodpod.com/widgets

My first (that I know of) article translated in Korean! http://artpoli.tistory.com/210

Happy International Artist Day!

October 25 has been declared International Artist Day by a group of artists who thought wisely that artists needed their own special day. Not coincidentally, it’s also Picasso’s birthday. Is it on your calendar? How will you celebrate? Here are some suggestions they give you on their Web site.

1. Have the Mayor of your city proclaim this day, October 25th, as International Artist Day every year. While it may be too late for this year, you can get it in the works for 2010.

2. For a visual exposure have your local media film an interview and do an article about the Artist(s) in your area.

3. Have businesses sponsor an Artist by purchasing a painting for their lobby, or hosting a show.

4. Treat your favorite Artist to lunch or dinner.

5. With so much up and coming new talent out there, why not help sponsor an emerging artist, through a weekend workshop or fundraiser?

6. Advertise International Artist Day by downloading our logo and using it to print posters or invitations for events.

7. As a gallery owner, host an Open House with as many of your represented Artists in attendance.

8. As an individual art lover, throw a house party featuring your Artist friend(s) and their artwork, of course!

9. Host an “Art Auction” in a restaurant with a guest speaker to talk about art appreciation, art history (briefly) and the importance art plays in our society. Charge per plate. This money can be used to help sponsor new talent in the schools.

10. Send International Artist Day greeting/post cards to all your supporters to show your appreciation and thank them for honoring Artists and supporting the arts. (I love this one! See making your collectors feel special.)

11. If you have any type of website, add the International Artist Day link and feature a different artist of the month, every month with a short biography.

12. Most of us drive so why not have some magnetic decals or bumper stickers made to promote International Artist Day to display on your vehicle. This would help the awareness to develop. Please visit the gift store.